O princípio da proibição do retrocesso social no âmbito criminal.

Abstract

The present work deals with the extension and applicability of the cliquet effect (prohibition of social retrogression) in Criminal Law, focusing on the current understanding of the Federal Supreme Court regarding the provisional execution of the sentence. In these terms, it is asked: Considering the frequent resumption of discussions about the decision of the Federal Supreme Court that allowed the provisional execution of the sentence of deprivation of liberty in the conviction in second instance, it is questioned: The criminal sphere is reached, to some extent, by the protection of the principle of prohibition of social retrogression, in view of the fundamental status of ensuring the presumption of innocence (or not guilt)? The method of approach used is the deductive, based on an analysis of existing premises, such as the fundamental principles of the legal system, to reflect on the application of these premises to the criminal scope and the decision of the Federal Supreme Court on the provisional execution of the sentence. It is of fundamental importance to study the principle of the prohibition of social retrogression as an instrument for the realization of the dignity of the human person in the international juridical order, and in the study of criminal law, especially when it refers to the decision of the Federal Supreme Court of provisional execution of the custodial sentence, given the fundamental status of the presumption of innocence guaranteed in art. 5, LVII, of Federal Constitution/88.